Legal Literacy - This article discusses the objectives of criminal procedure law, the functions of criminal procedure law, and the nature of criminal procedure law. Let's look at the explanation below.

Objectives of Criminal Procedure Law

According to Andi Hamzah, the purpose of criminal procedure law in seeking the truth is only an intermediate goal and the ultimate goal is to achieve public order, peace, tranquility and prosperity in society.

As formulated in the Implementation Guidelines KUHAP 1982, that the objectives of the criminal procedure law are as follows:

  1. Seeking and obtaining or at least approaching the material truth, which is the most complete truth of a criminal case by applying the provisions of criminal procedure law honestly and appropriately.
  2. Finding out who the perpetrator can be charged with committing a violation of the law and then requesting an examination and decision from the court to determine whether it is proven that a criminal act has been committed and determining whether it is proven that a criminal act has been committed and whether the person charged can be blamed.
  3. After the court's decision has been handed down and all legal efforts have been made and finally the decision has permanent legal force, the criminal procedure law also regulates the subject matter of the implementation and supervision of the decision.

In addition to the 1982 KUHAP Implementation Guidelines above, the consideration of letter c of the KUHAP which is the basis or outlines of the objectives to be achieved by the KUHAP, namely "That the development of national law in the field of criminal procedure law is so that the community appreciates its rights and obligations and to improve the development of the attitude of law enforcement implementers in accordance with their respective functions and authorities towards the upholding of law, justice and protection of human dignity, order and legal certainty for the implementation of the rule of law in accordance with the 1945 Constitution".

Based on the wording of consideration letter c of the KUHAP above, Yahya Harahap18 put forward the basis for the objectives of the KUHAP, as follows:

  1. Increasing public legal awareness, meaning making every member of society aware of the rights granted to them by law and legislation and also what obligations are imposed on them by law.
  2. Improving the mental attitude of law enforcement officials, namely:
    • Improving the development of order for law enforcement officials in accordance with their respective functions and authorities;
    • Improving the awareness and technical skills of law enforcement officials; and
    • Law enforcement officials who are devoted to God Almighty and have a just and civilized humanitarian morality.
  3. Upholding law and justice in the midst of the life of the nation's society, namely:
    • Upholding the law based on the source of Pancasila, the 1945 Constitution, and all laws and regulations that do not conflict with the source of law and the values of awareness that live in society;
    • Upholding the values contained in the Pancasila philosophy and the 1945 Constitution as well as all the values contained in other laws and regulations, whose values are aspirational with the values and sense of justice of the community; and
    • In order not to deviate from the Criminal Procedure Code which has been determined as a guideline for implementation procedures and the principles of legal principles.
  4. Protecting human dignity, meaning that humans as servants of God and as creatures of equal status with other humans, must be placed on the overall dignity.
  5. Enforcing order and legal certainty, meaning that the meaning and purpose of community life is to seek and realize peace or order, namely the life together between fellow members of the community which is demanded and fostered in a regular and proper bond, so that the traffic of social relations runs in an orderly and smooth manner.